34-879-Ordinance No. 203.1 Recorded 7/2/1980r
:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of an Ordinance )
Regulating the Control and )
Disposition of Dogs Within )
Deschutes County )
COUNTY ORDINANCE
NO. 203.1
The Deschutes County Board of Commissioners ordains as follows:
1. A dog is a public nuisance if it:
(A) Bites a person;
(B) Habitually chases vehicles or persons;
(C) Damages or destroys property of persons other than the owner of the dog;
(D) Scatters garbage;.
(E) Trespasses on private property of persons other than the owner of the dog;
(F) Disturbs any person by frequent or prolonged noises;
(G) Is a female in heat and running at large; or
(H) Participates with two or more other mature dogs in running at large on
property other than that of the owner of the dog. A dog shall be considered
mature when it has a set of permanent canine teeth or is six motnhs old,
whichever comes first.
2. (A) When a dog is a public nuisance under section 1 of this ordinance, any
police officer, sheriff, deputy sheriff or dog control officer may impound
it or cite the owner or keeper to court or do both.
(B) A citation issued for violation of section 1 of
the person cited the option of forfeiture of ba
court.
3. All dogs taken up and impounded under this ordinance
and sanitary facility as required by the laws of the
impounded shall be held for at least 5 days from the
being destroyed or otherwise disposed of.
this ordinance shall give
it in lieu of appearance in
shall be held in an adequate
State of Oregon. Any dog so
date of such impounding before
4. If the dog is impounded, the impounding officer shall make reasonable effort to
identify the owner of the dog and shall notify the owner of the dog of the fact
of impounding and the alleged reasons therefor. He shall also subsequently give
notice of the, time and place the matter will be heard by the Dog Control Board.
If the dog is unlicensed, or no owner can be ascertained within five days from
its impounding, it shall be killed in a humane manner. The provisions of this
ordinance are subject to, and superseded by, any existing and applicable law of
the State of Oregon providing for rabies control.
5. (A) The evidence supporting the allegation that the dog is a nuisance shall be
presented to the Dog Control Board at the hearing provided for in section 4. The
owner of the dog shall be allowed to present evidence.
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(B) If the Dog Control Board determines the dog is not a nuisance as defined
in section 1 it shall release the dog to the owner or any responsible person who
will properly care for the dog and not allow it to become a nuisance, upon payment
of fees and costs prescribed in section 7 of this ordinance.
(C) If the Dog Control Board determines the dog is a nuisance as defined in
section 1, paragraph (A), of this ordinance, and if the Dog Control Board dete= Ines
the attack was vicious, it may order the dog to be killed in a humane manner.
6. (A) The owner of a dog ordered destroyed by the Dog Control Board may appeal such
order to the Deschutes County Board of Commissioners. Notice of appeal shall be
in writing and delivered to the Board of County Commissioners within three days of
the order of the Dog Control Board.
(B) Upon receipt of such notice the Board of
to be within ten days after the order of the
findings and order of the Dog Control Board.
and the owner of the dog shall be notified of
The Board of County Commissioners may affirm,
Dog Control Board.
County Commissioners shall set a time,
dog Control Board, for review of the
The Dog Control Board, the complainant
the time and place for the review.
modify or reverse the order of the
7. The owner of any dog proceeded against under this ordinance shall be liable to
Deschutes County for the following fees:
first impound $10.00
each subsequent impound $20.00
board and room, maximum per day $ 5.00
8. Notwithstanding the provisions of sections 2 through 7 of this ordinance, if a dog
violates section 1, paragraph (H), of this ordinance, the persons authorized to
impound dogs by section 2 of this ordinance are authorized to shoot or otherwise
humanely dispose of the dog after unsuccessfully exhausting all reasonable methods
of taking up and impounding the dog.
9. (A). Except as provided in subsection (C) of this section, any dog, whether licensed
or not, which, while off the premises owned or under control of its owner, kills,
wounds, or injures any livestock not belonging to the master of such dog, is a
public nuisance and may be killed immediately by any person. However, nothing in
this section applies to any dog acting under the direction of its master, or the
agents or employes of such master.
(B) If any dog, not under the control of its owner or keeper, is found chasing
or feeding upon the warm carcass of livestock not the property of such owner or
keeper it shall be deemed, prima facie, as engaged in killing, wounding or injuring
livestock.
(C) No person shall kill any dog for killing, wounding, injuring or chasing
checkens upon a public place, highway or within the corporate limits of any city.
10. (A) Upon finding a dog engaged in killing, wounding, injuring or chasing livestock
or upon receipt from a complainant of evidence that a dog has been so engaged, the
dog control officer or other law enforcement officer shall impound the dog.
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(B) If there is reason to believe that reasonable testing of a dog impounded
pursuant to subsection (A) of this section, including but not limited to a fecal
examination or examination of the teeth of the dog will provide substantial
further evidence as to whether the dog has been engaged in killing, wounding,
injuring or chasing livestock, the Dog Control Board shall provide for the
administration of tests by a licensed veterinarian.
(C) (1) After completion of such tests as are administered pursuant to sub-
section (B) of this section, the Dog Control Board shall determine whether the
dog has been engaged in killing, wounding, injuring or chasing livestock. If
the Dog Control Board determines that the dog has been so engaged, the dog shall
be killed in a humane manner and costs of keeping and testing of the dog during
the impoundment shall be paid by the owner of the dog. If the Dog Control Board
determines that the dog has not been so engaged, the dog shall be released to its
owner and, if the dog had been impounded upon receipt of evidence from a complainant,
the complainant shall pay the costs of keeping and testing of the dog during the
impoundment.
(2) Notwithstanding section 2 of this ordinance, a dog impounded pursuant
to subsection (A) of this section shall not be released until a determination is
made by the Dog Control Board pursuant to this subsection.
11., A disputable presuumption shall arise that a dog has been engaged in killing, wounding,
injuring or chasing livestock within the meaning of section 10 of this ordinance if;
(A) The dog is found chasing livestock not the property of the owner of the dog
in an area where freshly damaged livestock are found;
(B) The dog is found feeding upon a warm carcass of a livestock animal;
(C) An examination of the dog's feces indicates ingestion of portions or covering
of the anatomy of livestock by the dog; or
(D) Portions of the anatomy or covering of the anatomy of livestock is found on
the teeth of the dog, unless the dog is regularly used for the purpose of herding
sheep.
12. (A) No person shall own, harbor or keep any dog with knowledge that it has
killed or wounded any livestock or, with knowledge that, while off the premises
owned or under the control of its owner and while not acting under the direction
of its master or the agents or employes of such master, it has killed or seriously
injured any person.
(B) However, no person shall be liable for harboring or keeping such dog, with
knowledge that it has killed or wounded chickens, unless the owner fails to pay
full damages for the chickens killed or wounded within three days after receipt
of a demand for such damages from the owner.
13. The owner of any livestock killed, wounded, chased or injured by any dog may,
within 10 days after the killing, wounding, chasing or injuring occurred, or
became known to him, present to the Dog Control Board a verified statement con-
taining a full account of the incident, stating in detail the amount of damage
claimed on account thereof, and the name and address of the owner or keeper
of the dog, if known. The claim shall be supported by the affidavit of at least
one disinterested person to all material facts contained in it.
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14. All claims presented as provided by section 13 of this ordinance shall be heard
at the first regular session of the Dog Control Board after their presentation, or
as soon thereafter as may be practicable. If the Board determines that any
livestock has been damaged by being injured, chased, wounded or killed, it shall
file and enter a record of the value of the livestock and order a warrant drawn
for the amount of damages thus found, or any portion thereof that it considers
just, to be paid by the County Treasurer out of the dog fund. If it considers
the claim unjust, it shall disallow it and enter that fact upon its record. No
claim shall be allowed where it appears that the injury or damage complained of
was caused by a dog owned or controlled by the claimant or his agent.
15. In each case where a claim against the dog fund has been paid by the Dog Control
Board, Deschutes County shall be subrogated to all the rights of the owner of the
livestock killed, wounded, chased or injured against the owner of the dog for
damages. The District Attorney shall proceed promptly, in a lawful way, to collect
it. Any money so collected shall be paid over immediately to the County Treasurer
and credited to the dog fund.
16. If any section, subsection, provision, clause or paragraph of this ordinance shall
be adjudged or declared by any court of competent jurisdiction to be unconstitutional
or invalid, such judgment shall not affect the validity of the remaining portion
of this ordinance; and it is hereby expressly declared that every other section,
subsection, provision, clause or paragraph of this ordinance enacted, irrespective
of the enactment or validity of the portion hereof declared to be unconstitutional
or invalid, is valid.
17. This ordinance being necessary to insure the public health, safety and welfare,
an.emerergency is declared to exist and this ordinance shall be effective immediately
upon passage.
ADOPTED this day of ,.1980.
4 BOARD OF COUNTY COMMISSIONERS
Date of first reading:
Date 4"*tondr ~rpading:
P!r ~ n
R EMARY PATT SON
County Clerk
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! J1~L A1W ,
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C.1WAnSON, JR., Commissio ks~,
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